Construct Land Development Improvements - Kado, John & Alice• ..f at
4426949
I REEME0 Ily OSdNEIl Oil liIS 5UGCRSSOR3 IN INTEREST
0 TO CONS'IT.UCT LAND DEVELOPMENT IMVIiOVEMENTS
to FA ° BOOM �87 -MEf 73
a°�°����i� Project Identification: Farrell Avenue File No. 723123.3203
Wes`
This is an agreement between the COUNIV OF SANTA CIARA,
hereinafter referred to as "County ", and Joiin /e 4g7o
�znd .� /rte �Sn��i�:�o_ �a�T•�..s ��
1965
hereinafter referred to as 'Owner."
WHEREAS Cwner desires to develop the property described in
Exhibit A anA wishes to defer construction of permanent improve-
ments and County agrees to such deferment provided Owner agrees
to construct improvements as herein provided.
Taj2 wFiREFORE, IT IS AGREED:
I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST
This agreement is an instrument affecting the title or
possession of the real property described in Exhibit A. All the
terms, covenants and conditions herein imposed shall be binding
upon and inure to the benefit of the successors in interest of
Owner. Upon the sale or division of the property described in
Exhibit A the terms of this agreement shall apply separatelyy to
each parcel and the owner of each parcel shall succeed to tiie
obligations imposed on Owner by this agreement. Upon annexation
to any City,. Owner agrees to fulfill all the terms of this
agreement upon demand by such city as though owner had contracted
with such city originally. Any annexing city shall have all the
,rights of a third party beneficiary.
II. STREET.AND DRAINAGE DIPROVEMENTS'
!i. County and Owner agree that-the improvements set forth
in this section may be deferred because:
The development is in a rural area of the Cbunty. It is not
practical to install full street and drainage improvements at this
time.
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B. Owner agrees to construct the following improvements on
the property described in Exhibit A as "wall as required off site
improvements in the manner set forth in this agreement: M
Improvements required by County Vepkrtment of Public Works
and generally described an Exhibit B. (Cross out improvements
that are not required.)
1. Curb and gutter 7. Electroliers G
2. Sidewalks 8. Underground conduit with
3. _Driveways_ _ . ... ... ........_..__wiriaig _and _pull .boxes
4. Street grading, base and 9t Barricades and other improve -
paving ments.needed for traffic - safety
5'. Storm drainase- facilities 10. Street trees and other improve- '
6. Erosion control plantings Tents between the curb and
and facilities propert line
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11. Relocation of existing fences improvement which has been, or
signs and utilities is to be, provided by others
12, payment of a pro rata share of or jointly provided by owner
the costs as determined by the and others where such facility
Department of Public Works benefits the property described
of a storm drainage or street in Exhibit A.
C. When the County Director of Public Works determines
that the reasons for the deferment of the improvements as set
forth in section II no longer exist he shall notify owner in
writing to commence their installation and construction. The
notice shall be mailed to the current owner or owners of the
land as shown on the latest adopted couety•assessmant roll.
The notice shall describe the work to be done by owners, the time
within which the work shall commence and the time within which
the work shall be completed. All or any portion of said improve-
ments may be required at a. specified time. Each owner shall par ts -
cipate on a pro rAra basis in the cost of the improvements to bd
installed. If Owner is obliggated to pay a pro rata share of a cost
of a facility provided by othere the notice shall include the
amount to,be, paid and the time when payment must be made.
III. PERFORMANCE OF THE WORK
owner agrees to perform the work and make the payments .
required by County as set forth herein or as modified by the
Board of Supervisors. Owner shall cause plans and specifications
for the improvements to be prepared by competent persons legally
qualified to do the work and to submit said improvement plans
and specifications for approval prior to commencement of the work
described in the notice and to pay county inspection.£ees. The
work shall be done in accordance with county standards in effect
at the time improvement plans are submitted for approval, owner
agrees to dommence and complete the work within the time specified
in the notice given by the Director of Public Works ancy to notify
the County at 114. s k , In the
t 48 hours. prior to start of work
event owner`faia to construct any improvements required under this
agreement,- County may, at its option, do the work and collect all
the costs from Owner. Permission to enter onto the pproperty of
owner is granted to County or its contractor As may be necessary
to construct such improvements.
IV. JOINT COOPERATIVE PLAN '
Owner agrees to cooperate upon notice by County with other
property owners, the County and other public agencies to provide
the improvements set forth herein under a joint cooperative plan
including the formation of a local improvement district, if this
method is feasible to secure the installation and construction of
the improvements,
V. REVIEW OF REQUIREMENTS
If owner disagrees with the requirements set forth in an
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notice to commence installation of improvements he shall, 'within
30 days of the date the notice was mailed, request a- review of
the requirements by the Board of Supervisors of County. 'The
decision of this Board shall be binding upon both County and
Owner.
VI. MAINTENANCE OF IMPROVEMENTS
County agrees to accept for maintenance those improvements
specified in Section II which are constructed and completed in
accordance with County standards and requirements and are installed
within rights of way or easements dedicated and accepted by
resolution of the Board of Supervisors.
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VI. MAINTENANCE OF IMPROVEMENTS (Continued)
Owner agrees to provide any necessary temporary drainage
facilities access road or other required_ improvements, to assume
responsibility for the proper functioning thereof, to submit plans
to the appropriate County agency for review, if required and to
maintain said -improvements and facilities in a manner whdch will
preclude any hazard to life or health or damage to adjoining property.
VII. BONDS
prior to approval of improvement plans by the County, Owner may
be required to execute and deliver to the County a faithful performance
bond and a labor and materials bond in an amount and form acceptable
to County to be released by the Board of Supervisors in whole or in
part upon completion of the work required and payment of all persons
furnishing labor and materials in the performance of the work.
VIII.INSURANCE
Owner shall maintain or shall require any contractor engaged
to perform the work to maintain, at all times during the performance
of the work called for herein, a separate policy of insurance in a
form and amount acceptable to County.
AC. INDEMNITY
The Developer shall assume the defense and indemnify and save
harmless the County, its officers, agents and employees, from every
expense, liability or payment by reason of injury "including death'
to persons or damage to property suffered through any act or omission,
including passive negligence or act of negligence, or both, of the
Developer, his employees, agents, contractors, subcontractors, or
anyone directly or indirect y employed by either of them, or arising
in any way from the work called for by this agreement, on any part
of the premises, including those matters arising out of the deferment
of permanent drainage facilities or the adequacy, safety, use or nonuse
of temporary drainage facilities the performance or no erformance of
of the work. This provision shall not be deemed to reMre the developer
to indemnify the County against the liability for damage arising from
the sole negligence or willful misconduct of the County or its agents
servants or independent contractors who are directly responsible to tAe
County.
IN WITNESS WHEREOF, County has executed this agreement as of
JAN UAQy R, IgW_
COUNTY OF SANTA CIARA
rec Cor, Department
of public Works
IN WITNESS WHEREOF, Owner has executed this agreement as of
.LLECGM1R6-R- l3� JQ7� ,
(This document to be acknowledged with signatures as they appear
on deed of title.)
APPROVED AS TO FORM:
11/12/69
U.165
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STATE OF,LCIII IF(fRN1A
BARBARA A. HECKERT
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EXHIBIT A Rom 185 wir)57
All those certain parcels of land described in those Grant
Deeds to John R. and Alice Sachiko Rado recorded in Book 2971
official Records, page 44 and 2910 Official Records, page 281
Office of the Recorder, County of Santa Clara, State of California
Excepting therefrom those certain parcels pf land described
in that Grant Deed to Pan Tempo Properties recorded in Book 6238
Official Rroords, page 687 and in Grant Deed to Santa Clara County
Flood Control and Water District recorded is Book 9626 Official
Records, pagge 565, Office of the Recorder, County of Santa Clara,
State of California,
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ADVISM BL1f. STAf65
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',eA,ltuest �coxbtrtc .ESSC�t4s
INSTALL STANDARD' COUNTY
IMPROVEMENTS AS NOTED
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IN SECTION' NO. 31 _
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